66.0805 (3) The commissionerscommission shall choose from among their number a president and a secretary. Theyfrom its membership. The commission may appoint and establish the compensation of a manager. The commission may command the services of the city, village or town engineer and may employ and fix the compensation of such subordinates as shall be necessary. TheyThe commission may make rules for their ownits proceedings and for the government of theirthe department. TheyThe commission shall keep books of account, in the manner and form prescribed by the department of transportation or public service commission, which shall be open to the public.

(4) (a)It may be providedThe governing body of the city, village or town may provide that departmental expenditures be audited by suchthe commission, and if approved by the president and secretary of the commission, be paid by the city, village or town clerk and treasurer as provided by s. 66.04266.0607; that the utility receipts be paid to a bonded cashier or cashiers appointed by the commission, to be turned over to the city, village or town treasurer at least once a month; and that the commission have suchdesignated general powers in the construction, extension, improvement and operation of the utility as shall be designated. Where in any municipality
. Actual construction work shall be under the immediate supervision of the board of public works or corresponding authority.

(b) If water mains have been installed or extended
in a municipality and the cost thereofof installation or extension has been in some instances assessed against the abutting owners and in other instances paid by the municipality or anya utility therein, it may be provided by, the governing body of suchthe municipality may provide that all persons who paid any suchthe assessment against any lot or parcel of land may be reimbursed the amount of suchthe assessment regardless of when such assessment was made or paid. Such reimbursementReimbursement may be made from such funds or earnings of saidthe municipal utility or from such funds of the municipality as the governing body determines.

Note: The new sentence at the end of par. (a) restates s. 66.068 (5), repealed by Section 182
.

150,183Section
183. 66.068 (6) and (7) of the statutes are renumbered 66.0805 (5) and (6) and amended to read:

66.0805 (5) Two or more public utilities acquired as a single enterprise hereunder may be operated under this section as a single enterprise.

(6) In a 2nd, 3rd or 4th class city, a village or a town, the council or board may provide for the operation of a public utility or utilities by the board of public works or by another officer or officers, in lieu of the commission above provided for in this section.

150,184Section
184. 66.069 (title) of the statutes is renumbered 66.0809 (title) and amended to read:

150,186Section
186. 66.069 (1) (a) to (bn) of the statutes are renumbered 66.0809 (1) to (5), and 66.0809 (1), (2), (3), (4) (intro.) and (a) and (5) (a) (intro.) and (b) to (d), as renumbered, are amended to read:

66.0809 (1) Except as provided in par. (am)sub. (2), the governing body of anya town, village or city operating a public utility may, by ordinance, fix the initial rates and shall provide for this collection monthly, bimonthly or quarterly in advance or otherwise. The rates shall be uniform for like service in all parts of the municipality and shall include the cost of fluorinating the water. The rates may also include standby charges to property not connected but for which suchpublic utility facilities have been made available. The charges shall be collected by the treasurer or other officer or employe designated by the city, village or town.

Note: Authorizes, as an alternative to the treasurer collecting utility charges, a city, village or town to designate another officer to collect the charges. Apparently, in a number of municipalities, utility commissions have their own bonded clerk collect charges.

(2) If, on June 21, 1996, it is the practice of a governing body of a town, village or city operating a public utility to collect utility service charges using a billing period other than one permitted under par. (a)sub. (1), the governing body may continue to collect utility service charges using that billing period.

(3) Except as provided in pars. (bg) and (bn)subs. (4) and (5), on October 15 in each year notice shall be given to the owner or occupant of all lots or parcels of real estate to which utility service has been furnished prior to October 1 by a public utility operated by anya town, city or village and payment for which is owing and in arrears at the time of giving suchthe notice. The department in charge of the utility shall furnish the treasurer with a list of all suchthe lots or parcels of real estate for which utility service charges are in arrears, and the notice shall be given by the treasurer, unless the governing body of the city, village or town shall authorize suchauthorizes notice to be given directly by the department. Such
The notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of suchthe utility; that unless the sameamount is paid by November 1 thereafter a penalty of 10 %10%of the amount of such arrears will be added thereto; and that unless suchthe arrears, with any such added penalty, shall beare paid by November 15
thereafter, the samearrears and penalty will be levied as a tax against the lot or parcel of real estate to which utility service was furnished and for which payment is delinquent as above specified. Such. The notice may be served by delivery to either suchthe owner or occupant personally, or by letter addressed to suchthe owner or occupant at the post-office address of suchthe lot or parcel of real estate. On November 16 the officer or department issuing the notice shall certify and file with the clerk a list of all lots or parcels of real estate, giving the legal description thereof, to the owners or occupants of, for which notice of arrears in payment werewas given as above specified and for which arrears still remain unpaid, and stating the amount of such arrears together with the addedand penalty thereon as herein provided. Each such delinquent amount, including suchthe penalty,
shall thereupon becomebecomes a lien upon the lot or parcel of real estate to which the utility service was furnished and payment for which is delinquent, and the clerk shall insert the samedelinquent amount and penalty as a tax against suchthe lot or parcel of real estate. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to saidthe tax if the sameit is not paid within the time required by law for payment of taxes upon real estate. Under this paragraphsubsection, if an arrearage is for utility service furnished and metered by the utility directly to a mobile home unit in a licensed mobile home park, the notice shall be given to the owner of the mobile home unit and the delinquent amount shall becomebecomes a lien on the mobile home unit rather than a lien on the parcel of real estate on which the mobile home unit is located. A lien on a mobile home unit may be enforced using the procedures under s. 779.48 (2). This paragraphsubsection does not apply to arrearages collected using the procedure under s. 66.60 (16)66.0627.

(4) (intro.) A municipal utility may use the procedures under par. (b)sub. (3) to collect arrearages for electric service only if one of the following applies:

(a) The municipality has enacted an ordinance that authorizes the use of the procedures under par. (b)
sub. (3) for the collection of arrearages for electric service provided by the municipal utility.

(5) (a) (intro.) This paragraphsubsection applies only if all of the following conditions are met:

(b) If this paragraphsubsection applies, a municipal public utility may use par. (b)sub. (3) to collect arrearages incurred after the owner of a rental dwelling unit has provided the utility with written notice under subd. 1.par. (a) only if the municipality complies with at least one of the following:

1. In order to comply with this subd. 2. a.subdivision, a municipal public utility shall send bills for water or electric service to a customer who is a tenant in the tenant's own name. Each time that a municipal public utility notifies a customer who is a tenant that charges for water or electric service provided by the utility to the customer are past due for more than one billing cycle, the utility shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided in s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit, and the owner of the rental dwelling unit provides the municipal public utility, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a written notice that contains a forwarding address for the tenant and the date that the tenant vacated the rental dwelling unit, the utility shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until notice has been provided under par. (b)sub. (3).

2. In order to comply with this subd. 2. b.subdivision, if a customer who is a tenant has charges for water or electric service provided by the utility that are past due, the municipal public utility shall serve notice of the past-due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. The municipal public utility shall serve notice in the manner provided in s. 801.14 (2).

(c) A municipal public utility may demonstrate compliance with the notice requirements of subd. 2. a. or b.par. (b) 1. or 2. by providing evidence of having sent the notice by U.S. mail.

(d) If this paragraphsubsection applies and a municipal public utility is permitted to collect arrearages under par. (b)sub. (3), the municipal public utility shall provide all notices under par. (b)sub. (3) to the owner of the property.

150,187Section
187. 66.069 (1) (c) and (d) of the statutes are renumbered 66.0811 (2) and (3) and amended to read:

66.0811 (2) The income of a municipal public utility owned by a municipality, shall first be used to make payments to meet operation, maintenance, depreciation, interest, and debt service fund requirements, local and school tax equivalents, additions and improvements, and other necessary disbursements or indebtedness. Beginning with taxes levied in 1995, payable in 1996, payments for local and school tax equivalents shall at least be equal to the payment made on the property for taxes levied in 1994, payable in 1995, unless a lower payment is authorized by the governing body of the municipality. Income in excess of these requirements may be used to purchase and hold interest bearing bonds, issued for the acquisition of the utility, or; bonds issued by the United States or any municipal corporation of this state, or
; insurance upon the life of an officer or manager of suchthe utility,; or may be paid into the general fund.

(3)AnyA city, town or village may use funds derived from its water plant above such as are necessary to meet operation, maintenance, depreciation, interest and debt service funds,; new construction or equipment or other indebtedness, for sewerage construction work other than such asthat which is chargeable against abutting property; or they may turn suchthe funds may be placed into the general fund to be used for general city purposes, or may place such funds in a special fund to be used for special municipal purposes.

150,188Section
188. 66.069 (1) (e) of the statutes is renumbered 66.0811 (1) and amended to read:

66.0811 (1)AnyA city, village or town owning a public utility shall beis entitled to the same rate of return as permitted for privately owned utilities.

150,189Section
189. 66.069 (2) of the statutes is renumbered 66.0813, and 66.0813 (1), (2), (3) (a), (5) and (6), as renumbered, are amended to read:

66.0813 (1)AnyA town, town sanitary district, village or city owning water, light or power plant or equipment may serve persons or places outside its corporate limits, including adjoining municipalities not owning or operating a similar utility, and may interconnect with another municipality, whether contiguous or not, and for suchthese purposes may use equipment owned by suchthe other municipality.

(2)So much of such plantPlant or equipment, except water plant or equipment or interconnection property in any municipality so interconnected, as shall be situated in another municipality shall beis taxable in suchthe other municipality pursuant tounder s. 76.28.

(3) (a) Notwithstanding s. 196.58 (5), eacha city, village or town may by ordinance fix the limits of such
utility service in unincorporated areas. SuchThe ordinance shall delineate the area within which service will be provided and the municipal utility shall havehas no obligation to serve beyond the area so delineated. Sucharea. The delineated area may be enlarged by a subsequent ordinance. No such ordinance shall beunder this paragraph is effective to limit any obligation to serve which may havethat existed at the time that the ordinance was adopted.

(5) An agreement under par. (d)sub. (4) under which a city or village agrees to furnish sewerage service to a prison, which is located in an area whichthat has been incorporated since that agreement was made, may be amended to provide that the city or village will also furnish water service to the prison. An agreement amended under this paragraphsubsection fixes the nature and geographical limits of the water and sewer service unless altered by a change in the agreement, notwithstanding s. 196.58 (5). A change in use or ownership of property included under an agreement amended under this paragraphsubsection does not alter the terms and limitations of that agreement.

(6)AnyA town, village or city owning a public utility, or the board of any municipal public utility appointed under s. 66.06866.0805, may enter into agreements with any other such towns, villages or cities owning public utilities, or any other such boards of municipal
public utilities, for mutual aid in the event of an emergency or disaster in any of their respective service areas. Such
The agreements may include, but are not limited to, provisions for the movement of employes and equipment in and between the service areas of the various participating municipalities for the purpose of rendering such aid and, for the reimbursement of a municipality rendering such aid by the municipality receiving the aid.

150,190Section
190. 66.07 of the statutes is renumbered 66.0817, and 66.0817 (intro.) and (1) to (6), as renumbered, are amended to read:

66.0817 Sale or lease of municipal public utility plant. (intro.) AnyA town, village or city may sell or lease any complete public utility plant owned by it, in mannerthe following manner:

(1) A preliminary agreement with the prospective purchaser or lessee shall be authorized by a resolution or ordinance containing a summary of the terms proposed, of the disposition to be made of the proceeds, and of the provisions to be made for the protection of holders of obligations against suchthe plant or against the municipality on account thereof. Suchof the plant. The resolution or ordinance shall be published at least one week before adoption, as a class 1 notice, under ch. 985. ItThe resolution or ordinance may be adopted only at a regular meeting and by a majority of all the members of the governing body.

(2) The preliminary agreement shall fix the price of sale or lease, and provide that if the amount fixed by the department of transportation or public service commission shall be largeris greater, the price shall be that fixed by the department or commission.

(3) The municipality shall submit the preliminary agreement when executed to the department of transportation or public service commission, which shall determine whether the interests of the municipality and of theits residents thereof will be best served by the sale or lease, and if it so determines, shall fix the price and other terms.

(4)TheAfter the price and other terms are fixed under sub. (3), the proposal shall then be submitted to the electors of the municipality. The notice of the referendum shall include a description of the plant, and a summary of the preliminary agreement, and of the price and terms as fixed by the department of transportation or public service commission. If a majority voting on the question shall votevotes for the sale or lease, the board or council shall be authorized tomay consummate the samesale or lease, upon the terms and at a price not less than fixed by the department of transportation or public service commission, with the proposed purchaser or lessee or any other with whom better terms approved by the department of transportation or public service commission can be made.

(5) Unless the sale or lease is consummated within one year of the referendum, or the time is extended by the department of transportation or public service commission, the proceedings shall beare void.

(6) If the municipality has revenue or mortgage bonds outstanding relating to suchthe utility plant and which by their terms may not be redeemed concurrently with the sale or lease transaction, an escrow fund with a domestic bank as trustee may be established for the purpose of holding, administering and distributing such
that portion of the sales or lease proceeds as may be necessary to cover the payment of the principal, any redemption premium and interest which will accrue on the principal through the earliest retirement date of the bonds. During the period of the escrow arrangement suchthe funds may be invested in securities or other investments as described in s. 201.25 (1) (a), (b), (dm) and (j), 1969 stats., and in deposits or certificates of deposit with any state or national bank doing business in this state66.0603 (1).

Note: 1. The references in sub. (1) to "resolution or ordinance" are affected by the treatment of s. 66.06 by Sections 163 and 235, which delete the current provision that the phrase "resolution or ordinance", when used in specified sections, means "ordinance" only. Thus, the references to "resolution or ordinance" in sub. (1) will now include either kind of action, not just "ordinance".

2. Revises, in sub. (6), the cross-reference to permitted investments in sub. (6) by replacing the reference to the 1969 statutes with the current provision setting forth authorized investments by municipalities.

150,191Section
191. Subchapter VII (title) of chapter 66 [precedes 66.0701] of the statutes is created to read:

66.0707 (2) A city, village or town may impose a special charge under s. 66.0627 against real property in an adjacent city, village or town that is served by current services rendered by the municipality imposing the special charge if the municipality in which the property is located approves the imposition by resolution. The owner of the property is entitled to the use and enjoyment of the service for which the special charge is imposed on the same conditions as the owner of property within the city, village or town.

Note: Expands the scope of s. 66.65, renumbered s. 66.0707, to include special charges. Currently, the provision is limited to special assessments against property in an adjacent city, village or town that abuts and benefits from a public work or improvement. See Sections 550 and 551 of this bill.

150,193Section
193
. 66.0709 (title) of the statutes is created to read:

66.0709 (title) Preliminary payment of improvements funded by special assessments.

62.69 (2) (c) Water rates shall be collected in the manner and by any one whom the common council may from time to time determinedetermines, and shall be accounted for and paid to suchthe other officials in suchthe manner and at suchthe times asthat the council may from time to time prescribe. Such personsprescribes. Persons collecting water rates shall give a bond to cover all the duties in such an amount as may be prescribed by the council. Final accounting shall be made to the comptroller and final disposition of money shall be made to the city treasurer.

62.69 (2) (a) The wordsIn this subsection, "commissioner of public works" in sub. (1) shall be construed to mean and have reference toincludes any board of public works, or commissioner of public works, or other officer of anythe city having control of the city's public works therein, and all acts authorized to be done by such commissioner except for the enforcement of regulations approved by the council shall require the approval of the council before they shall have any force or effect.

150,200Section
200. 66.071 (1) (c) to (j) of the statutes are renumbered 62.69 (2) (d) to (L), and 62.69 (2) (e), (f), (g) 2. (intro.) and a., (h) and (k), as renumbered, are amended to read:

62.69 (2) (e) Water rates shall be
are due and payable upon such date or dates as the common council may provide by regulationprovides. To all water rates remaining unpaid 20 days thereafterafter the due date, there shall be added a penalty of 5 per cent5% of the amount of such ratesdue, and if suchthe rates shall remain unpaid for 10 days thereafteradditional days, water may be turned off the premises, subject to the payment of such delinquent rates, and in such cases where. If the supply of water is turned off as above provided, water shallmay not be again turned on to saidthe premises until all delinquent rates and penalties, and a sum not exceeding $2 as provided for by regulation for turning the water off and on, shall have beenare paid. The same penalty and charge may be made when payment is made to a collector sent to the premises. On or before each day when such
the date on which rates become due and payable as aforesaid, a written or printed notice or bill shall be mailed or personally delivered to the occupant or, upon written request, to the owner wherever theat the location the owner shall statestates, of all premises subject to the payment of water rates, stating the amount due, the time when and the place where suchthe rates can be paid,and the penalty for neglect of payment.

(f) All water rates for water furnished to any building or premises, and the cost of repairing meters, service pipes, stops or stop boxes, shall beare a lien on the lot, part of lot or parcel of land on which suchthe building or premises shall be situatedis located. If any water rates or bills for the repairing of meters, service pipes, stops or stop boxes remain unpaid on the first day of October
, in any year1, the sameunpaid rates or bills shall be certified to the city comptroller of such city on or before
the first day of November next following1, and shall be placed by the comptroller upon the tax roll and collected in the same manner as other taxes on real estate are collected in saidthe city. The charge for water supplied by the city in all premises where meters are attached and connected, shall be at rates fixed by the commissioner of public works and for the quantity indicated by the meter. If in any case, the commissioner of public works shall determinedetermines that the quantity indicated by the meter is materially incorrect or if a meter has been off temporarily on account ofdue to repairs, the commissioner of public works shall determine in the best manner in the commissioner's powerestimate the quantity used, and
such determination shall bethe determination is conclusive. No water rate or rates duly assessed against any property shallmay be thereafter remitted or changed except by the common council of such city. Under this paragraph, if an unpaid charge or bill is for utility service furnished and metered by the waterworks directly to a mobile home unit in a licensed mobile home park, the delinquent amount shall becomeis a lien on the mobile home unit rather than a lien on the parcel of real estate on which the mobile home unit is located. A lien on a mobile home unit may be enforced using the procedures under s. 779.48 (2).

(g) 2. (intro.) If this paragraph applies, the commissioner of public works may use par. (e)(f) to collect unpaid charges and bills incurred after the owner of a rental dwelling unit has provided the commissioner of public works with written notice under subd. 1. only if the commissioner of public works complies with at least one of the following:

a. In order to comply with this subd. 2. a., the commissioner of public works shall send bills for water service to a customer who is a tenant in the tenant's own name. Each time that a commissioner of public works notifies a customer who is a tenant that charges for water service provided by the waterworks to the customer are past due for more than one billing cycle, the commissioner of public works shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided in s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit, and the owner of the rental dwelling unit provides the commissioner of public works, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a sworn affidavit that contains a forwarding address for the tenant, the date that the tenant vacated the rental dwelling unit and a meter reading reflecting the service for which the tenant is responsible, the commissioner of public works shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until the past-due charges have been certified to the comptroller under par. (e)(f).

(h) The city commissioner of public works of a city may issue a permit to the county in which itthe city is located, to any national home for disabled soldiers, or to any other applicant to obtain water from the city's water system for use outside of the limits of the city; and for that purpose to connect any pipe that is laid outside of the city limits with water pipe in the city. No permit may be issued until the applicant files with the commissioner of public works a bond in suchthe sum and with suchthe surety asthat the commissioner
shall approve, conditionedapproves on the condition: that the applicant will obey the rules and regulations prescribed by the commissioner of public works for the use of the water; that the applicant will pay all charges fixed by the commissioner for the use of the water as measured by a meter to be approved by the commissioner, which charges shall includeincluding the proportionate cost of fluoridating the water and, except as to water furnished directly to county or other municipal properties, shallwhich may not be less than one-quarter more than those charged to the inhabitants of the city for like use of water; that the applicant will pay to the city a water pipe assessment if the property to be supplied with water has frontage on any thoroughfare forming the city boundary line in which a water main has been or shall be laid, and at the rate prescribed by the commissioner of public works; if the property to be supplied does not front on a city boundary but is distant therefromfrom a boundary, that a main pipe of the same size, class and standard as terminates at the city boundary shall be extended, and the entire cost shall be paid by the applicant for the extension; that the water main shall be laid according to city specifications and under city inspection; that the water main and appliances shall become the absolute property of the city, without any compensation therefor, wheneverfor the main or appliances, if the property supplied with water by the extension or any part thereof shall beofthe property is annexed to or in any manner becomebecomes a part of the city; and that the applicant will pay to the city all damages whatever that it may sustain
sustains, arising in any way out of the manner in which the connection is made or water supply is used. In case of granting a permit to anya county or to anya national home for disabled soldiers, the commissioner of public works may waive the giving of a bond. Every permit shall be issued upon the understanding that the city shall in no event ever be
is not liable for any damage in case of failure to supply water by reason of any condition beyond its control.

(k) The commissioner of public works may also make rules and regulations for the proper ventilating and trapping of all drains, soil pipes and fixtures hereafter constructed to connect with or be used in connection with the sewerage or water supply of the city. The common council may provide by ordinance for the enforcement of suchthe rules and regulations,
and may prescribe properincluding penalties and punishment for disobedience of the same. The commissioner of public works may
also make rules to regulate the use of vent, soil, drain, sewer or water pipes in all buildings in saidthe city, which hereafter shall be proposed to be connected with the city water supply or sewerage, specifying the dimensions, strength and material of which the same shall be made, and. The commissioner may prohibit the introduction into any building of any style of water fixture, tap or connection, the use of which shall have been determined to be dangerous to health or for any reason unfit to be used, and the. The commissioner of public works shall require a rigid inspection by a skilled and competent inspector under the direction of the commissioner of public works of all plumbing and draining work and water and sewer connections, hereafter done or made in any building in the city, and unless the samework and connections are done or made according to rules of the commissioner of public works, and approved by the commissioner of public works, no connection of the premises with the city sewerage or water supply shall be allowedmay be made.

150,201Section
201. 66.071 (2) of the statutes is renumbered 62.69 (3) and amended to read:

62.69 (3)Utility directors. (a)
The termIn this subsection, "electric plant" as used in this section shall meanmeans a plant for the production, transmission, delivery and furnishing of electric light, heat or power directly to the public.

(b) If the city shall have determineddecides to acquire an electric plant or any other public utility in accordance with the provisions of this section, the mayor of such city, prior to the city taking possession of suchthe property, shall appoint, subject to the confirmation of the council, 7 persons of recognized business experience and standing to act as the board of directors for such
the utility. Two of such persons shall be appointed for a term of 2 years, 2 for a term of 4 years, 2 for a term of 6 years, and one for a term of 8 years. Thereafter successors
Successors shall be appointed in like manner for terms of 10 years each. Any suchA director may be removed by the mayor with the approval of the council for misconduct in office or for unreasonable absence from meetings of the directors.

(c) TheUtility directors so appointed shall have power tomay: employ a manager experienced in the management of electric plants or other like public utilities and, fix his or her compensation and the other terms and conditions of employment and to remove him or her at pleasure, subject to the terms and conditions of his or her employment; advise and consult with the manager and other employes as to any matter pertaining to maintenance, operation or extension of suchthe utility; and perform such other duties as ordinarily devolve upon a board of directors of a corporation organized under ch. 180 not inconsistent with this section and the laws governing 1st class cities. No money shallmay be raised or authorized to be raised by saidthe board of directors other than from revenues derived from the operation of the utility, except by action of the council.

(d) The manager appointed by the board of directors shall have complete management and control ofmay manage and control the utility, subject to the powers herein conferred upon the board of directors and the council under this subsection and shall have power tomay appoint assistants and all other employes which the manager deemsconsiders necessary and fix their compensation and other terms and conditions of employment, except that the board of directors may prescribe rules for determining the fitness of persons for positions and employment.

(e) The council shall fix the compensation, if any, of members of the board of directors and shall have the powers herein conferred upon it and suchhas other powers as it now possesses with reference to electric plants and other public utilities.